Section 64p. 64

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

between races, and to discourage anything which tends

to strengthen racial division.

2.

States

Parties

shall,

when

the

circumstances

so

warrant, take, in the social, economic, cultural and other

fields, special and concrete measures to ensure the

adequate development and protection of certain racial

groups or individuals belonging to them, for the purpose

of guaranteeing them the full and equal enjoyment of

human

rights

and

fundamental

freedoms.

These

measures shall in no case entail as a consequence the

maintenance of unequal or separate rights for different

racial groups after the objectives for which they were

taken have been achieved.

ARTICLE 3

States Parties particularly condemn racial segregation

and apartheid and undertake to prevent, prohibit and

eradicate all practices of this nature in territories under

their jurisdiction.

ARTICLE 4

States

Parties

condemn

all

propaganda

and

all

organizations which are based on ideas or theories of

superiority of one race or group of persons of one colour

or ethnic origin, or which attempt to justify or promote

racial

hatred

and

discrimination

in

any

form,

and

undertake to adopt immediate and positive measures

designed to eradicate all incitement to, or acts of, such

discrimination and, to this end, with due regard to the

principles

embodied

in

the Universal Declaration of

Human Rights and the rights expressly set forth in article

5 of this Convention, inter alia :

(a)

Shall

declare

an

offense

punishable

by

law

all

dissemination of ideas based on racial superiority or

hatred, incitement to racial discrimination, as well as all

acts of violence or incitement to such acts against any

race or group of persons of another colour or ethnic

origin, and also the provision of any assistance to racist

activities, including the financing thereof;

(b) Shall declare illegal and prohibit organizations, and

also organized and all other propaganda activities, which

promote

and

incite

racial

discrimination,

and

shall

recognize participation in such organizations or activities

as an offence punishable by law;

(c)

Shall

not

permit

public

authorities

or

public

institutions, national or local, to promote or incite racial

discrimination.

ARTICLE 5

In compliance with the fundamental obligations laid

down in article 2 of this Convention, States Parties

undertake

to

prohibit

and

to

eliminate

racial

discrimination in all its forms and to guarantee the right

of everyone, without distinction as to race, colour, or

national or ethnic origin, to equality before the law,

notably in the enjoyment of the following rights:

(a) The right to equal treatment before the tribunals and

all other organs administering justice;

(b) The right to security of person and protection by the

State against violence or bodily harm, whether inflicted

by government officials or by any individual, group or

institution;

(c) Political rights, in particular the rights to participate in

elections — to vote and to stand for election — on the

basis of universal and equal suffrage, to take part in the

Government as well as in the conduct of public affairs at

any level and to have equal access to public service;

(d) Other civil rights, in particular:

(i) The right to freedom of movement and residence

within the border of the State;

(ii) The right to leave any country, including one's own,

and to return to one's country;

(iii) The right to nationality;

(iv) The right to marriage and choice of spouse;

(v)

The

right

to

own

property

alone as well as in

association with others;

(vi) The right to inherit;

(vii) The right to freedom of thought, conscience and

religion;

(viii) The right to freedom of opinion and expression;

(ix) The right to freedom of peaceful assembly and

association;

(e) Economic, social and cultural rights, in particular:

(i) The rights to work, to free choice of employment, to

just

and favorable conditions of work, to protection

against unemployment, to equal pay for equal work, to

just and favorable remuneration;

(ii) The right to form and join trade unions;

(iii) The right to housing;

(iv) The right to public health, medical care, social security

services;

(v) The right to education and training;

(vi) The right to equal participation in cultural activities;

(f) The right of access to any place or service intended for

use by the general public, such as transport, hotels,

restaurants, cafes, theatres and parks.

ARTICLE 6

States

Parties

shall

assure

to

everyone within their

jurisdiction effective protection and remedies, through

the

competent

national

tribunals

and

other

State

institutions,

against any acts of racial discrimination

which

violate

his

human

rights

and

fundamental

freedoms contrary to this Convention, as well as the right

to seek from such tribunals just and adequate reparation

or satisfaction for any damage suffered as a result of such

discrimination.

ARTICLE 7

States

Parties

undertake

to

adopt

immediate

and

effective measures, particularly in the fields of teaching,

education,

culture

and

information,

with

a

view

to

combating prejudices which lead to racial discrimination

and

to

promoting

understanding,

tolerance

and

friendship among nations and racial or ethnical groups,

as well as to propagating the purposes and principles of

the

Charter

of

the

United

Nations,

the

Universal

Declaration

of

Human

Rights,

the

United

Nations

Declaration of the Elimination of All Forms of Racial

Discrimination, and this Convention.

PART II

ARTICLE 8

1.

There

shall

be

established

a

Committee

on

the

Elimination of Racial Discrimination (hereinafter referred

to as the Committee) consisting of eighteen experts of

high

moral

standing

and

acknowledged impartiality

elected by States Parties from among their nationals,

who shall serve in their personal capacity, consideration

being given to equitable geographical distribution and to

the representation of the different forms of civilization as

well as of the principal legal systems.

2. The members of the Committee shall be elected by

secret ballot from a list of persons nominated by the

States

Parties.

Each State Party may nominate one

person from among its own nationals.

3. The initial election shall be held six months after the

date of the entry into force of this Convention. At least

three months before the date of each election the

Secretary-General of the United Nations shall address a

letter to the States Parties inviting them to submit their

nominations within two months. The Secretary-General

shall prepare a list in alphabetical order of all persons thus

nominated, indicating the States Parties which have

nominated them, and shall submit it to the States Parties.

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